U.S. Government Today . . . How Did We Get Here?!&%^#)

“Divine Right” Political Philosophy

Well, first there was a king. (King George III)

“Enlightenment” Political Philosophy Popular Sovereignty: a doctrine in political theory

that government is created by and subject to the will of the people.

Republic: a government in which supreme power resides in a body of citizens entitled to vote and is exercised by elected officers and representatives responsible to them and governing according to law.

Federal b: a form of government in which power is distributed between a central authority and a number of constituent territorial units

The Constitution Created a “Limited Government”

The drafters of theConstitution purposefullycreated a federalgovernment limited in itsauthority to pass lawsonly in the areas listed inArticle 1. Rest ofauthority given to theStates or the people (inthe Bill of Rights)themselves.

Bill of Rights Defines and guarantees the

fundamental rights of all Americans:• Freedom of religion, speech and press• Right to bear arms• Freedom from unreasonable search and seizure• Rights of accused not to incriminate self, not be

tried twice, etc. • Right of accused to speedy, fair trial • No cruel and unusual punishment . Plus fair

bail.

Federalism Separation of power between the

federal (national) level of government and the state levels.

Levels of Government/Levels of Laws

Local Government=Local laws (ordinances) State Government=State laws (statutes) Federal Government=Federal laws

(statutes)

Supremacy ClauseFederal law is superior to and overrides state law when they conflict.

Federalism and the Courts Because of federalism, we have

BOTH federal courts and state courts.

Separation of PowersThree branches with different powers:Legislative: Makes LawsExecutive: Enforces LawsJudicial Branch: Interpret Laws

Checks and Balances Each branch has

the power to “check” the powers of the other two branches.

EX. The legislative branch can override a presidential veto.

Judicial Review Courts can declare laws

unconstitutional.